Know Your Legal Rights in Kuwait: Absconding Threats After Termination

Arab Times

17 hours ago

Dear Arab Times legal team
I was terminated by my previous employer, with my last working day being May 2, 2025. Fortunately, I secured new employment right away and began working with my current company on May 4, 2025. I'm presently in the middle of my 100-working-day probation period and have completed around 2.5 months so far.
However, the HR manager from my former company is now threatening to file an absconding case against me if I don't transfer my residency by the end of this week. Given that I was officially terminated (and have a termination letter as proof), can she legally take such action? And if she proceeds with filing an absconding report, what steps should I take to protect myself?
Answer:
No, your ex-employer cannot legally file an absconding case if:
You were terminated (which you were — and have a termination letter).
You are not illegally absent, i.e., you did not disappear from work without notice.
However, some unethical companies do abuse the absconding system to pressure former employees. Here's how it works and what you can do.
Kuwait Labor Law Overview (Private Sector):
1. Residency & Work Permit Transfer:
After termination, the employer is legally obligated to cancel your work permit or transfer it to a new employer within 90 days of the permit expiry or cancellation notice.
You are not considered "absconding" if your old employer terminated you and you have documentation.
2. Absconding Case (Article 42 of the Labor Law):
The law allows an employer to report an employee only if the employee stopped reporting to work without informing them and has not been found for 7 consecutive days.
You were terminated, and you have a termination letter. You're working for a new company. Therefore, this doesn't apply.
3. The Threat:
If your ex-HR manager files an absconding case despite terminating you, she's making a false report, which is illegal under Kuwaiti law. However, you must act fast to protect yourself.
What You Should Do Now:
1. Transfer Your Residency ASAP:
You're nearing the 90-day mark. Your new employer must complete the residency transfer this week if possible. This will close the door to any threats.
2. Keep All Evidence Safe:
Your termination letter, WhatsApp chats or emails, your new work contract, and anything showing you're currently working — keep them ready.
3. Visit Shoon (Ministry of Labor):
If she files an absconding case, go immediately to the Labor Ministry or Immigration and present your termination letter and proof of new employment.
The case can be canceled if proven false, and hers can be legally challenged.
4. Have Your New Company HR Assist:
Ask your current employer's HR to expedite your transfer and help in case anything is reported. They can also provide documentation showing your employment started May 4, 2025.
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